36.       Cancellation of procurement proceedings after opening of bids

 

            (1)        A public body may at any time cancel the procurement proceedings where –

 

                        (a)        the object of the procurement is no longer required;

 

                        (b)        it has become necessary, in the public interest, to modify the specifications or critical aspects of the conditions of the contract; or

 

                            (c)        defects or gaps in the specifications have been revealed, which prevent consideration of a substantially less expensive and functionally equivalent item other than the one called for in the bidding documents, or which prevent consideration of all items of cost to the public body in the evaluation process.

 

            (2)        No decision to cancel the procurement proceedings shall be taken unless the Chief Executive Officer of the public body concerned has given the approval to the cancellation.